"address" in relation to electronic communication, includes any number or address used for the purposes of such communications;

"best available techniques" means, having regard to the matters set out in Schedule 1 to these Regulations, the most effective and advanced stage in the development of combustion installations and their methods of operation which can be practically applied on platforms and which allows the setting of emission limit values to reduce or, where possible, eliminate emissions into, and effects on, the environment as a whole from the operation of such installations, and for the purposes of this definition - 

(a) "available techniques" means those techniques which can be implemented on platforms under economically and technically viable conditions, balancing the costs of their implementation against the benefits to the environment;

(b) "best" means, in relation to techniques, the most effective in achieving a high general level of protection of the environment as a whole; and

(c) "techniques" includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;

    (2) Subject to paragraphs (3) and (4) below, the Secretary of State shall attach to every permit granted by him pursuant to paragraph (1) above conditions which in his opinion are framed in such a way as to ensure that - 

(a) all appropriate measures are taken to prevent pollution, in particular through application of best available techniques;

(b) no significant pollution is caused;

(c) where possible the production of non-gaseous waste is avoided by - 


(i) the use of clean technologies more sparing in their use of natural resources; or

(ii) the use of products designed to reduce the amount or harmfulness of waste,



and that where waste is produced, it is recovered or, where that is technically and economically impossible, it is disposed of in such a way as to avoid or reduce any impact on the environment;

(d) subject to the attainment of the objective set out in sub-paragraph (a) above, energy is used efficiently;

(e) necessary measures are taken to prevent accidents affecting the environment or where they occur to limit their consequences in relation to the environment;

(f) necessary measures are taken upon the final cessation of use of the combustion installation to avoid any pollution risk and to decommission and remove the installation;

(g) taking into account the technical characteristics of the installation concerned, its geographical location, local environmental conditions and best available techniques and having regard to the potential for the transfer of the pollution in question from one medium to another, there are controls on the emission of pollutants likely to be emitted from the combustion installation in significant quantities in the form of - 



(i) emission value limits for such pollutants;

(ii) where the Secretary of State considers this to be more appropriate, equivalent parameters or technical measures; or

(iii) a combination of emission value limits and equivalent parameters and technical measures;



without in any case prescribing the use of any technique or specific technology;

(h) where necessary, appropriate requirements ensuring protection of the soil and ground water and measures concerning waste generated by the installation;

(i) there are suitable release monitoring requirements relating to the release of pollutants, specifying measurement methodology and frequency, evaluation procedure and an obligation to supply the Secretary of State with data required for checking compliance with the permit;

(j) there are appropriate provisions to minimise long-distance or transboundary pollution; and

(k) where in the opinion of the Secretary of State there is a risk to the environment from these, there are measures relating to conditions other than normal operating conditions including start-up, leaks, malfunctions, momentary stoppages and definitive cessation of operations.

    (2) Subject to paragraph (5) below, where the Secretary of State receives a request pursuant to paragraph (1) above in relation to an application for a permit prior to the granting of that permit, he shall forthwith supply to the person requesting it a copy of the application in question.

    (3) Subject to paragraph (5) below, where the Secretary of State is aware that the operation of an offshore combustion installation is likely to have a significant effect on the environment of an EEA State, or where that State so requests, the Secretary of State shall forward a copy of the application to the State in question as soon as possible and no later than the date it is made available to the public (except in a case where a request is made by the EEA State after that date).

    (4) Where the Secretary of State has supplied a copy of an application for a permit pursuant to paragraph (3) above, he shall indicate to the EEA State in question the date on which the decision in relation to the granting of the permit is likely to be made and an address to which any representations should be sent.

    (5) Subject to paragraph (6) below, nothing in this regulation shall require the disclosure of any information which is by virtue of the law of any part of the United Kingdom subject to an obligation of confidentiality and - 

(a) which relates to an individual; or

(b) the disclosure of which might adversely affect the interests in a business of any person carrying on that business.

    (2) An inspector appointed under paragraph (1) above may for any of the purposes mentioned in that paragraph - 

(a) at any reasonable time (or, in a situation which in his opinion may give rise to a risk of significant pollution to the environment as a result of the operation of any qualifying offshore combustion installation, at any time) board any platform;

(b) on boarding a platform take with him any other person authorised by the Secretary of State for the purposes mentioned in paragraph (1) above and any equipment or materials that he requires;

(c) make such examination and investigation as he considers necessary (for which purpose he may install or maintain monitoring or other apparatus on a platform);

(d) give a direction requiring that any part of the platform be left undisturbed (whether generally or in particular respects) for so long as reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c) above;

(e) take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c) above;

(f) take samples of any articles or substances found on the platform and of the atmosphere or any land, seabed (including the subsoil thereof) or water in the vicinity of the platform;

(g) in the case of any article or substance which he finds on the platform and which appears to him to have caused or to be likely to cause significant pollution, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless, in the circumstances of the case, that is necessary);

(h) may in the case of any such article or substance as is mentioned in sub-paragraph (g) above, take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely - 


(i) to examine it and do to it anything which he has power to do under that paragraph;

(ii) to ensure that it is not tampered with before his examination of it is completed;

(iii) to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;



(i) may require any person who he has reasonable cause to believe is able to give any information relevant to any examination or investigation under sub-paragraph (c) above - 



(i) to attend at a place and time specified by the inspector;

(ii) to answer (in the absence of any person other than persons whom the inspector may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the inspector thinks fit to ask, and

(iii) to sign a declaration of the truth of his answers;



(j) may require the production of, and inspect and take copies of or of any entry in - 



(i) any records which by virtue of any provision of any permit granted under these Regulations are required to be kept;

(ii) any records which he considers it necessary to see for the purposes of any examination or investigation under sub-paragraph (c) above; and



(k) may require any person to afford him such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as the inspector considers are necessary to enable him to exercise any of the powers conferred on him by this regulation.

    (2) It shall be a defence to a charge under paragraph (1)(b) or (1)(c) above if the person charged with an offence shows that the contravention - 

(a) arose as a result of something which could not have been reasonably prevented by him; or

(b) was due to something done as a matter of urgency for the purposes of securing the safety of any person.

    (2) Any notice or other document required or authorised to be given to or served on any body corporate or unincorporated association other than a partnership shall be duly given to, or served on, the secretary or clerk or other similar officer of that body.

    (3) Any notice or other document required or authorised to be served on, or given to, any partnership (including a Scottish partnership) shall be duly given to or served on, a partner or a person having the control or management of the partnership business.

    (4) For the purpose of this regulation, the proper address of any person on whom or to whom any such notice or document is to be served or given shall be his last known address except that such address shall be - 

(a) in the case of a body corporate or their secretary or clerk, the address of the registered office or principal office of the body corporate;

(b) in the case of an unincorporated association (other than a partnership) or their secretary or clerk, the address of the principal office of the association; and

(c) in the case of a partnership (including a Scottish partnership) or a person having control or management of the partnership business, the address of the principal office of the partnership,

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.


Peter Hain
Minister for Energy and Competitiveness in Europe Department of Trade and Industry

18th March 2001